You are here

8.6 Assault With Intent to Commit Murder or Other Felony

8.6 ASSAULT WITH INTENT TO COMMIT MURDER OR OTHER FELONY (18 U.S.C. §§ 113(a)(1) and (2))

The defendant is charged in [Count _______ of] the indictment with assault with intent to commit [specify felony] in violation of Section 113(a)[(1)][(2)] of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

Second, the defendant did so with the intent to commit [specify felony]; and

Third, the assault took place on [specify place of federal jurisdiction].

Comment

Assaults proscribed by 18 U.S.C. § 113 are those committed "within the special maritime and territorial jurisdiction of the United States." See 18 U.S.C. § 7 for the definition of "special maritime and territorial jurisdiction of the United States."

When the assault consists of a display of force, it must actually cause reasonable apprehension of immediate bodily harm; fear is a necessary element. United States v. Skeet, 665 F.2d 983, 986 n.1 (9th Cir.1982).